898
No. 9 of 1899.
Proof of previous conviction.
7 & 8 Geo. c. 28, s. 11.
Proof of previous trial on trial for perjury.
14 & 15 Vict. c. 100, s. 22
Proof of guilty knowledge on indictment for receiving property knowing it to have been stolen.
CRIMINAL PROCEDURE.
Proof of certain matters.
62. Where an indictment contains a count charging the accused person with having been previously convicted, and it becomes necessary on the trial to prove such previous conviction, a copy of the conviction for the offence punishable on summary conviction or a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for the indictable offence, as the case may be, purporting to be signed by the officer having the custody of the records of the court where the offender was convicted, shall, on proof of the identity of the person, be sufficient evidence of the said conviction, without proof of the signature or official character of the person appearing to have signed the same.
63. A certificate containing the substance and effect only (omitting the formal part) of the indictment and trial for any indictable offence, purporting to be signed by the Registrar, shall, on the trial of any indictment for perjury or subornation of perjury, be sufficient evidence of the trial of the said indictment, without proof of the signature or official character of the person appearing to have signed the same.
64. (1) On the trial of any person for having received property knowing it to be stolen or for having in his possession stolen property, evidence may be given that there was found in the possession of the accused person other property stolen within the preceding period of twelve months, and such evidence may be taken into consideration for the purpose of proving that the accused person knew the property in respect of which he is then being tried to be stolen.
(2) Where, on the trial of any person for having received property knowing it to be stolen or for having in his possession stolen property, evidence has been given that the stolen property was found in his possession, then, if the accused person has, within five years immediately preceding, been convicted of any offence involving fraud or dishonesty, evidence of such previous conviction may be given, and may be taken into consideration for the purpose of proving that the accused person knew the property which was found in his possession to have been stolen: Provided that not less than seven days' notice in writing has been given to the accused person that proof is intended to be given of such previous conviction.
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